Jammu: Justice Rajesh Sekhri of the Jammu and Kashmir and Ladakh High Court has ruled that Special Police Officers (SPOs) enjoy the same legal protections as regular police officers and cannot be disengaged from service without due process.
The case involved Dlishada Begum, an SPO who was appointed with a monthly honorarium of ₹3,000. She was disengaged from her position by the Senior Superintendent of Police (SSP), Ramban, without any prior notice or inquiry, citing poor performance. The respondents claimed her engagement terms allowed termination without prior notice.
The petitioner argued that SPOs are appointed under Rules 18 and 19 of the Police Manual and are entitled to the same powers, privileges, and protections as regular police officers. She claimed her disengagement violated natural justice principles as no inquiry or show-cause notice was served.
Justice Sekhri cited Section 19 of the Police Act, 1983, which affirms SPOs’ rights to the same protections as regular police officers. He further referred to Rule 359 of the J&K Police Rules, 1960, which mandates that a police officer cannot be dismissed, removed, or reduced in rank without being given a reasonable opportunity to present their case.
The court stressed the significance of natural justice, stating, *”It is a fundamental principle of fair legal procedure and due process in legal and administrative actions to safeguard individual rights and maintain public trust in the system.”*
Finding that Dlishada was disengaged without proper inquiry or notice, Justice Sekhri declared the action illegal, unjust, and unconstitutional. The court set aside the disengagement order and directed her reinstatement as an SPO. However, she was denied back wages for the period she remained disengaged. The court allowed authorities to initiate a fresh inquiry against Dlishada, to be concluded within two months.
